Entitlement

Author: Joseph William Singer
Publisher: Yale University Press
ISBN: 9780300128543
Format: PDF
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In this important work of legal, political, and moral theory, Joseph William Singer offers a controversial new view of property and the entitlements and obligations of its owners. Singer argues against the conventional understanding that owners have the right to control their property as they see fit, with few limitations by government. Instead, property should be understood as a mode of organizing social relations, he says, and he explains the potent consequences of this idea. Singer focuses on the ways in which property law reflects and shapes social relationships. He contends that property is a matter not of right but of entitlement—and entitlement, in Singer’s work, is a complex accommodation of mutual claims. Property requires regulation—property is a system and not just an individual entitlement, and the system must support a form of social life that spreads wealth, promotes liberty, avoids undue concentration of power, and furthers justice. The author argues that owners have not only rights but obligations as well—to other owners, to nonowners, and to the community as a whole. Those obligations ensure that property rights function to shape social relationships in ways that are both just and defensible.

Property and Community

Author: Gregory S. Alexander
Publisher: Oxford University Press
ISBN: 0199749337
Format: PDF, ePub, Docs
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Property and Community fills a major gap in the legal literature on property and its relationship to community. The essays included differ from past discussions, including those provided by law-and-economics, by providing richer accounts of community. By and large, prior discussions by property theorists treat communities as agglomerations of individuals and eschew substantive accounts of justice, favoring what Charles Taylor has called "procedural" conceptions. These perspectives on ownership obscure the possibility that the "community" might have a moral status that differs from neighboring owners or from non-owning individuals. This book examines a variety of social practices that implicate community in its relationship to property. These practices range from more obvious property-based communities like Israeli kibbutzim to surprising examples such as queues. Aspects of law and community in relationship to legal and social institutions both inside and outside of the United States are discussed. Alexander and Pe?alver seek to mediate the distance between abstract theory and mundane features of daily life to provide a rich, textured treatment of the relationship between law and community. Instead of defining community in abstractly theoretical terms, they approach the subject through the lens of concrete institutions and social practices. In doing so, they not only enrich our empirical understanding of the relationship between property and community but also provide important insights into the concept of community itself.

The Edges of the Field

Author: Joseph William Singer
Publisher: Beacon Press
ISBN: 9780807004395
Format: PDF, ePub, Docs
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Rather than condemn property owners, however, he advocates opening and strengthening joint claims to resources and refining the system of property rules to guard against selfish and dangerous concentrations of power."--Jacket.

Digital Identity an Emergent Legal Concept

Author: Clare Linda Sullivan
Publisher: University of Adelaide Press
ISBN: 0980723019
Format: PDF, ePub, Mobi
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This is the first full-length study that recognises and discusses digital identity in a transactional context under a national identity scheme. It contrasts the right to identity to the right to privacy in the context of a national identity scheme, and defines identity theft and its consequences. The analysis and findings are relevant to the one proposed for the United Kingdom, to other countries which have similar schemes, and to countries like Australia who have the long term goal of establishing one. Under a national identity scheme, being asked to provide 'ID' will become as commonplace as being asked one's name, and the concept of identity will become embedded in processes essential to the national economic and social order. The analysis reveals the emergence of a new legal concept of identity. This emergent concept and the associated individual rights, including the right to identity, potentially change the legal and commercial landscape.

We Want What s Ours

Author: Bernadette Atuahene
Publisher: OUP Oxford
ISBN: 0191024058
Format: PDF
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Millions of people all over the world have been displaced from their homes and property. Dispossessed individuals and communities often lose more than the physical structures they live in and their material belongings, they are also denied their dignity. These are dignity takings, and land dispossessions occurring in South Africa during colonialism and apartheid are quintessential examples. There have been numerous examples of dignity takings throughout the world, but South Africa stands apart because of its unique remedial efforts. The nation has attempted to move beyond the more common step of providing reparations (compensation for physical losses) to instead facilitating dignity restoration, which is a comprehensive remedy that seeks to restore property while also confronting the underlying dehumanization, infantilization, and political exclusion that enabled the injustice. Dignity restoration is the fusion of reparations with restorative justice. In We Want Whats Ours, Bernadette Atuahenes detailed research and interviews with over one hundred and fifty South Africans who participated in the nations land restitution program provide a snapshot of South Africas successes and failures in achieving dignity restoration. We Want What's Ours is globally relevant because dignity takings have happened all around the world and throughout history: the Nazi confiscation of property from Jews during World War II; the Hutu taking of property from Tutsis during the Rwandan genocide; the widespread commandeering of native peoples property across the globe; and Saddam Husseins seizing of property from the Kurds and others in Iraq are but a few examples. When people are deprived of their property and dignity in years to come, the lessons learned in South Africa can help governments, policy makers, scholars, and international institutions make the transition from reparations to the more robust project of dignity restoration.

The Oxford Handbook of Behavioral Economics and the Law

Author: Eyal Zamir
Publisher: Oxford University Press
ISBN: 0199397953
Format: PDF, ePub, Docs
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The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues. The Oxford Handbook of Behavioral Economics and Law brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its 29 chapters organized in four parts. The first part provides a general overview of behavioral economics. The second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. The third part discusses specific behavioral phenomena, their ramifications for legal policymaking, and their reflection in extant law. Finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.

Property Law

Author: Joseph William Singer
Publisher: Wolters Kluwer Law & Business
ISBN: 1454888148
Format: PDF, ePub, Mobi
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This hugely successful cases-and-problems book is acclaimed for its textual clarity, evenhanded perspective, and contemporary, up-to-date character. Easily distinguished from other property casebooks for its clear descriptions of legal doctrine and its variations; its explanations of the social ramifications of property law; its emphasis on both statutory and regulatory interpretation; its comprehensive treatment of public accommodations and fair housing law, current tribal property issues, and property in human bodies; and its use of the problem method to teach legal reasoning and lawyering skills. Thoroughly updated to reflect significant changes in the law of property, the Seventh Edition incorporates multiple new Supreme Court cases, including: Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., Obergefell v. Hodges, and Reed v. Town of Gilbert, and three decided or pending cases with implications for regulatory takings, Horne v. Dep’t of Agriculture, Marvin M. Brandt Revocable Trust v. United States, and Murr v. State.

Property in the Margins

Author: Andries Johannes van der Walt
Publisher: Bloomsbury Publishing
ISBN: 1847315100
Format: PDF, ePub, Docs
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Having its origins in the process of transformation and land reform that began to take shape in South Africa at the end of the last century, this strikingly original analysis of property starts from deep inside the property regime and not from a distant or abstract perspective on property rules and practices. Focusing on issues of stability and change in a transformative setting and on the role of tradition and legal culture in that context, the book argues that a property regime, including the system of property holdings and the rules and practices that entrench and protect them, tends to insulate itself against change through the security- and stability-seeking tendency of tradition and legal culture, including the deep assumptions about security and stability embedded in the rights paradigm, rhetoric and logic that dominate current legal culture. The rights paradigm tends to stabilise the current distribution of property holdings by securing extant property holdings on the assumption that they are lawfully acquired, socially important and politically and morally legitimate. This function of the rights paradigm tends to resist or minimise change, including change brought about by morally, politically and legally legitimate and authorised reform or transformation efforts. The author's goal is to gauge the lasting power of the rights paradigm by investigating its effects in the margins of property law and of society, by establishing the actual efficacy and power of reformist or transformative anti-eviction policies and legislation aimed at the protection of marginalised and weak land users and occupiers in areas such as landlord-tenant law, eviction of unlawful occupiers of land and other restrictions on the landowner's power to enforce a stronger right to exclusive possession. Ultimately the book's aim is to explore the possibility of opening up theoretical space where justice-inspired changes to (or transformation of) the extant property regime can be imagined and discussed more or less fruitfully from an unusual perspective, a perspective from the margins which is valuable for any theoretical consideration or discussion of property.

Introduction to Property

Author: Joseph William Singer
Publisher: Aspen Law & Business
ISBN:
Format: PDF, ePub, Mobi
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With a stronger emphasis on accessibility, the Second Edition of Introduction to Property gives students a much-needed overview of the law of property, addressing all the classic and contemporary topics covered in the typical first-year course. Equally useful with any casebook, this exceptional paperback text: clearly explains property rules and doctrine through a textual treatment, describing the complicated and antiquated property laws in a lively, contemporary manner and including numerous examples to help students understand the law emphasizes disagreements among states about the applicable rules of property law, with explanations of why states adopt different rules clarifies the norms and policy bases of property law through a balanced account of the various theoretical approaches to property, enabling students to understand the reasoning behind the law, including the reasons why states do not always agree on what rules to follow teaches students to spot issues by explaining how courts interpret ambiguous elements in rules and identifying situations likely to give rise to exceptions prepares students for class and for exams by modeling correct answers to hard cases in which the law is unclear. By giving short summaries of the strongest arguments on both sides, students learn real-world skills for analyzing problems, rather than just memorizing black letter law. draws on the expertise of Joseph Singer, a leading property scholar who has authored a very popular property casebook maintains a balanced perspective The Second Edition introduces much new material: the text is redesigned for easier access, with special features highlighted so they can be easily distinguished from the rest of the text new Supreme Court cases on regulatory takings law new court interpretations of the Fair Housing Act and the Americans with Disabilities Act new state statutes, such as the New York statute prohibiting discrimination on the basis of sexual orientation in housing and public accommodations footnotes, cases, and statutes updated with citations to recent cases updated problems reflect recent court decisions

Logics of Empowerment

Author: Aradhana Sharma
Publisher: U of Minnesota Press
ISBN: 0816654522
Format: PDF
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Bringing much-needed specificity to the study of neoliberalism, 'Logics of Empowerment' fosters a deeper understanding of development and politics in contemporary India.